Subject to B & G Technologies ‘ Master Services Agreement including all Addendums, Attachments, Service Orders, and Acceptable Use Policies (AUPs); B & G Technologies will provide the following services under the terms and conditions outlined herein. 1. Order Acceptance; Payment All orders are subject to acceptance by B & G Technologies. You will receive email confirmation of B & G Technologies acceptance of the Client’s order. B & G Technologies may refuse to accept any order. Such refusal may not be unreasonable, however, and we agree to provide the Client with notice via email or fax of any intent to delay or decline the acceptance of any order. Client agrees to pay all charges in advance for the service selected by the Client in the Customer Order Information form that is incorporated in these terms and conditions by reference including all monthly fees, additional product charges and optional charges incurred by the Client. Payment may be made by check, ACH, or credit card. Client hereby authorises us to automatically charge any amounts the Client owes to B & G Technologies to any credit card provided by the Client. You also agree that if this Addendum becomes effective at any time after the 1st of the month, B & G Technologies may prorate the next invoice to reflect a full month’s charges plus a sufficient number of days to have all subsequent billing periods start on the first of the month. Bandwidth usage above the minimum specified in the Customer Order Information Form is automatically billed for the month the usage occurs in the month following the usage. If B & G Technologies provides notice of a price increase, the Client may cancel this Addendum if within the 30 day notification period, the Client notifies B & G Technologies of the Client’s intent to cancel because of the increase. Payment for service will be made in AUD dollars to B & G Technologies. The initial payment is due with this Addendum in the amount specified in Customer Order Information form or at the time of signing up for the H-Series products. If payment in full of any invoice is not received by B & G Technologies within thirty (30) days of invoice date, B & G Technologies may impose a debt service charge amounting to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid or the maximum allowed by law which ever is lower. In the event that any amount remains unpaid for thirty (30) days after the date of the invoice, B & G Technologies may at its discretion discontinue, withhold, or suspend service. 2. Servers A. Shared Servers B & G Technologies will provide shared server hosting based on the information in the applicable Service Order Form and this Addendum. Your use of B & G Technologies shared hosting services constitutes your agreement that you have read and agree to these Terms & Conditions and in the event of your breach of this agreement you agree that B & G Technologies may take whatever actions necessary to satisfy any monies owed to B & G Technologies including preventing the removal of any of your content residing on B & G Technologies server. B. Dedicated Servers B & G Technologies will provide its standard server configuration or, B & G Technologies will build a server to the Client’s specifications as specified by the Client in the applicable Service Order. In either case, B & G Technologies will charge the Client a one time lease fee based on B & G Technologies cost of the components of the server as quoted to the Client at the time of the Client’s order. You do not own this server. B & G Technologies is not responsible for any down time or damages resulting from server maintenance or the lack there of. B & G Technologies does not guarantee 24×7 maintenance and repair. B & G Technologies is not responsible for monitoring the condition of the server, or automatically performing preventive maintenance of any kind. You are responsible for notifying B & G Technologies of any server problems and must authorize B & G Technologies to perform the required maintenance and repair. B & G Technologies at the Client’s request, may provide (but has in no obligation to do so) the Client with a quote before performing on call maintenance or repair. Additional servers not included on the applicable Service Order will be ordered on subsequent Service Orders which will become addendums to this agreement upon acceptance by both parties. 1.) Server Upgrades At the Client’s request, B & G Technologies may provide (but has in no obligation to do so) the Client with a quote to upgrade the Client’s server. Upgraded servers including the upgraded components remain the property of B & G Technologies. 2.) Maintenance and Monitoring B & G Technologies may provide (but has in no obligation to do so) a monitoring and repair service for a fixed monthly fee as quoted in the Service Order. This service will include 24×7 monitoring of the server and response to problems, and all parts and labor to restore the server to operating standards. B & G Technologies will exert its best efforts to resolve any problems as quickly as possible however; B & G Technologies cannot guarantee that a problem can be resolved within a specific period of time. Whether or not the Client uses B & G Technologies monitoring or repair service, the Client is required to maintain a current back-up copy of the Client’s server in case it becomes necessary for B & G Technologies or the Client to restore the Client’s server. B & G Technologies does not back-up the Client’s server. 3.) Server Impounding You agree that B & G Technologies has the right to hold the Client’s server(s) (including all software and contents) until B & G Technologies is paid in full for all outstanding amounts the Client owes. 4.) Server Buyout At the Client’s request, B & G Technologies may provide (but has no obligation to do so) the Client with a quote for the Client’s cost to buy the Client’s server. 1.) Server Upgrades At the Client’s request, B & G Technologies may provide (but has in no obligation to do so) the Client with a quote to upgrade the Client’s server. Upgraded servers including the upgraded components remain the property of B & G Technologies until the Client have paid for them. 2.) Maintenance and Monitoring B & G Technologies may provide (but has in no obligation to do so) a monitoring and repair service for a fixed monthly fee as quoted in the Server Order Form. This service will include 24×7 monitoring of the server and response to problems, and all parts and labor to restore the server to operating standards. B & G Technologies will exert its best efforts to resolve any problems as quickly as possible however; B & G Technologies cannot guarantee that a problem can be resolved within a specific period of time. Whether or not the Client uses B & G Technologies monitoring or repair service, the Client is required to maintain a current back-up copy of the Client’s server in case it becomes necessary for B & G Technologies or the Client to restore the Client’s server. B & G Technologies does not back-up the Client’s server. 3.) Server Impounding You agree that B & G Technologies has the right to hold the Client’s server(s) (including all software and contents) until B & G Technologies is paid in full for all outstanding amounts the Client owes. 3. Duties of Secured Servers B & G Technologies will provide the service selected by the Client in the applicable Service Order. 4. Acceptable Use Policy B & G Technologies will impose an Acceptable Use Policy regarding the Client’s use of its service. You agree to impose such policies on the Client’s customers to the extent necessary to ensure compliance. The current policy can be found at https://www.bgtech.com.au. B & G Technologies may change any policy without prior notice to the Client. Violation of any provision of the Acceptable Use Policy (AUP) by the Client or the Client’s clients can result in the immediate termination of the Client’s service without notice. 5. Term and Termination This Addendum becomes effective upon acceptance the initial Service Order by B & G Technologies It is for an initial term as specified in the applicable Service Order beginning from the date of B & G Technologies acceptance. After the initial term this Addendum will automatically renew on its anniversary date for twelve (12) months. Either party may terminate this Addendum at the end of the initial term or each subsequent term by so notifying the other in writing no less than one (1) day prior to the renewal date. All cancellations must be received in writing according to the above deadlines and the Master Services Agreement. On cancellation, the Client is responsible to remove the Client’s equipment and systems from the service.
. 1. Proprietary Rights, Security, Confidentiality, and Access Client hereby grants B & G Technologies a limited license to use client’s company name and/or logo in marketing materials that identify client as a client of B & G Technologies. Client reserves the right to rescind this license at any time upon written notification to B & G Technologies. 2. Payment Client agrees to pay all charges in advance for the A-Series products and services selected by the Client in the B & G Technologies Service Order including all monthly fees and additional product charges incurred by the Client. Payment may be made by credit card, debit card, or PayPal account and Client hereby agrees to allow B & G Technologies to charge the Client’s credit card, debit card, or PayPal account in advance each month. All payments are due on the monthly anniversary of the initial payment under this Agreement. Client hereby authorises B & G Technologies to automatically charge Client’s credit card, debit card, or PayPal account for charges that apply to Client’s account. Recurring charges will be posted to Client’s account until this agreement is terminated by either party as specified in Paragraph 3 below. Client is responsible for directly updating or notifying B & G Technologies of any changes to Client’s credit card including, but not limited to, card number, expiration date, billing address, or card status. In the event B & G Technologies‘ billing is declined B & G Technologies reserves the right to immediately suspend service and has no obligation to notify Client in advance of such suspension. Accounts that are five (5) days past due will be automatically suspended. Accounts that are eight (8) days past due may have all the data on the hosting account deleted. All past due and unpaid balances are subject to collection. In the event of collection, client will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees. B & G Technologies is not responsible for lost data due to account suspensions. 3. Term and Termination This Addendum becomes effective upon acceptance the Service Order by B & G Technologies. It is for an initial term as specified in the applicable Service Order beginning from the date of B & G Technologies acceptance. After the initial term this Addendum will automatically renew monthly until canceled. B & G Technologies reserves the right to change its prices at the time of any renewal of a Service Order. Either party may terminate this Addendum at the end of the initial term or each subsequent term by so notifying the other in writing or email at email@example.com On cancellation, the Client is responsible for removing the Client’s equipment and systems from the service. Cancellation requests must be received by B & G Technologies prior to the end of the current Billing Cycle. Cancellations submitted later than this time will result in automatic renewal of this agreement. Cancellations become effective on the day received by B & G Technologies. B & G Technologies is unable to cancel an account effective at a future date. B & G Technologies will confirm the cancellation request when it is processed. If Client does not receive a confirmation, please contact B & G Technologies as soon as possible. B & G Technologies does not monitor, and will not automatically cancel, plans for problems not directly related to B & G Technologies provision of services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. B & G Technologies reserves the right to cancel any account, at any time, without notice, for any reason B & G Technologies considers appropriate. 4. Statements B & G Technologies does not mail paper invoices or statements. 5. Refund Policy Prorated refunds of prepaid services will not be provided.